Johnson v. McCue
Supreme Court of Pennsylvania
Error to the Common Pleas of Butler county. This was an ejectment by Catharine McCue and others against Michael Johnson and others, for sixty-one acres of land in Donegal township, Butler county. On the 28th May 1849, Michael Maloney, being seised of the premises in question, made a will, by which he devised the same to Michael C. Maloney, a grandson; and by the same will he devised other parts of his farm to Nancy Johnson, Jeremiah Maloney, and Daniel Maloney.
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Error to the Common Pleas of Butler county. This was an ejectment by Catharine McCue and others against Michael Johnson and others, for sixty-one acres of land in Donegal township, Butler county. On the 28th May 1849, Michael Maloney, being seised of the premises in question, made a will, by which he devised the same to Michael C. Maloney, a grandson; and by the same will he devised other parts of his farm to Nancy Johnson, Jeremiah Maloney, and Daniel Maloney. The devisees, at the same time, executed the following agreement:— “ Whereas Michael Maloney, senior, has this day made a will, in…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
An estate in land exceeding a term of three years must, says the statute of frauds, be created by a writing, signed by the party creating it. And, of course, the writing must he of such a nature as to create either a present legal estate, or a legal duty, which equity may treat as creative of the estate intended, and enforce as such. We need not say that a writing that is not in any proper sense complete, and a mere last will, are not of this nature.
The writings in this case are quite a new invention ; and as is usual in such cases,…
2Cited by10 opinions
- Cramer v. McKinneySupreme Court of Pennsylvania · 1946
- Rader v. KeiperSupreme Court of Pennsylvania · 1926
- Smith v. TuitSupreme Court of Pennsylvania · 1889
- Conlan v. ConlanSuperior Court of Pennsylvania · 1902
- Fritz v. MengesSupreme Court of Pennsylvania · 1897
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